Immigration Benefits and Relief
The immigration laws and regulations provide some avenues to apply for lawful status from within the U.S. or to seek relief from deportation. The eligibility requirements for these benefits and relief can be stringent, and the immigration agencies often adopt overly restrictive interpretations of the requirements. Learn about advocacy and litigation that has been and can be undertaken to ensure that noncitizens have a fair chance to apply for the benefits and relief for which they are eligible. Providing avenues for legal status, protection, and family reunification is vital to ensuring humanitarian protection for immigrants. We are leading policy changes that open more opportunities like asylum, visas for victims of crime or human trafficking, and relief for long-term residents. Explore the resources below to learn more.
Federal Judge Leaves Anti-DACA Lawsuit Hanging By a Thread
Lost amidst coverage of recent immigration reform proposals was a ruling issued last Friday in Kris Kobach’s legal crusade against the Deferred Action for Childhood Arrivals (DACA) program. The lawsuit, filed last summer in a federal court in Dallas, alleges the program violates an obscure provision of the immigration laws that supposedly prohibits immigrants who entered the country unlawfully from receiving deferred action. Although the ruling in question allowed the case to move forward, the presiding judge rejected the vast majority of Kobach’s arguments and left the suit hanging by a thin legal thread. Read More
President Lays Out His Vision For Immigration Reform
After eight Republican and Democratic senators yesterday released their framework for comprehensive immigration reform, President Obama laid out his administration’s vision today of what he thinks should be included in the bill to overhaul the nation’s immigration system. He praised the bipartisan principles, which mirror the White House’s 2011 blueprint for immigration reform. “At this moment, it looks like there’s a genuine desire to get this done soon,” he said in his speech from Nevada. “And that’s very encouraging.” Read More
Will USCIS Develop Fair, Humane Travel Policies for DACA Recipients?
For many young immigrants who are now lawfully present under the Deferred Action for Childhood Arrivals (DACA) initiative—which grants them the right to work and live in the United States for at least two years—the next question may be, when will they be able to travel outside of the United States? Depending on what guidance they reference, the answer could vary, adding confusion to what has been a reasonably straightforward implementation process. Read More
BREAKING: Administration Confirms DACA Recipients Are “Lawfully Present”
In updated guidance released this afternoon by U.S. Citizenship and Immigration Services, the Obama Administration confirmed that recipients of deferred action are authorized to be in the United States and therefore considered to be “lawfully present” under federal immigration laws. The guidance should clarify the… Read More
Immigration Expert Exposes Legal Flaws in Anti-DACA Lawsuit
Shortly after the administration began accepting applications under the Deferred Action for Childhood Arrivals (DACA) program, Kris Kobach—the author of Arizona SB 1070 and other notorious state immigration laws—filed a lawsuit on behalf of ten disgruntled immigration agents seeking to halt the program in its tracks. The lawsuit has largely been viewed as a politically motivated stunt, with little chance of success in court. Now, a new law review article by University of Virginia law professor David Martin, one of the nation’s premier experts on immigration law, systematically debunks Kobach’s legal arguments. Read More
DHS Publishes New Provisional Waiver to Help Some Families Stay Together
Some families facing long separations from their loved ones because of U.S. immigration laws will have an easier time of it in 2013. Thanks to a new regulation from the Department of Homeland Security (DHS), immediate relatives of U.S. citizens will be able to complete part of the processing of their immigration cases without leaving the country. The “Provisional Unlawful Presence Waiver of Inadmissibility for Certain Immediate Relatives” rule, often referred to as the new family unity rule, will be published tomorrow (January 3, 2013) and become effective on March 4. Read More
Countdown of the Top Five Immigration Stories of 2012
In the beginning of 2012, the landscape of the immigration world looked much different. Pro-immigrant groups were coming off of a rough few years that saw the failure of the DREAM Act, a spike in deportations under President Obama, and the passage of several state-level restrictionist bills like Arizona’s infamous SB 1070 and Alabama’s HB 56. However, immediately after the 2012 Presidential election, the discussion around immigration reform was reignited and led with legalization for the 11 million undocumented immigrants currently living in the country. What changed? Here’s our take on five of the biggest reasons 2012 has been a catalyst for change: Read More
Federal Judges Remind Government to Consider Prosecutorial Discretion
Prosecutorial discretion is the authority of a law enforcement agency or officer to decide whether and to what degree to enforce the law in particular cases. The Deferred Action for Childhood Arrivals (DACA) initiative continues to be a successful example of prosecutorial discretion in the immigration context. However the Department of Homeland Security (DHS) often ignores other non-DACA-related cases where prosecutorial discretion would be equally appropriate. Read More
Latest DACA Approval Numbers Released by USCIS
The U.S. Citizenship and Immigration Services (USCIS) has released the latest numbers on the Deferred Action for Childhood Arrivals (DACA) initiative. The numbers provided by the agency reflect activity between August 15, 2012 – December 13, 2012. Entering its fifth month, the numbers are encouraging. Of… Read More
Bibles, Badges, Business and Bush + DREAMers Make Immigration Reform Demands Known
While some thought the immigration reform talk immediately after the election was just chatter, a series of convenings and speeches this week demonstrate that the topic of broad immigration reform is on plenty of tables. From DREAMers to President Bush, the call for reform goes on. Read More
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